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Ahmet Nejat Ozsu has had a $25 million lawsuit filed against him by the Naftali Group, but he refuses to leave his one-bedroom apartment.

The New York TimesThe New York Times

Ahmet Nejat Ozsu refused to budge.

He has lived in the same apartment on the Upper West Side for 15 years, with a private deck on the top floor.

When the Naftali Group bought the Manhattan building for $70 million in June, Ozsu made plans to stay. He couldn't be swayed by the offer of $30,000, an eviction notice or a lawsuit that Naftali recently filed against him. In April, the new landlord placed an industrial air filter outside Ozsu's door, and the blower kept blowing, driving him and his dog up the wall.

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Ahmet Nejat Oszu, the last tenant who has not agreed to move out of his building, at 215 West 84th Street in New York, April 7, 2022. (Karsten Moran/The New York Times)
Ahmet Nejat Oszu, the last tenant who has not agreed to move out of his building, at 215 West 84th Street in New York, April 7, 2022. (Karsten Moran/The New York Times)

Ozsu said that he had the right to be here and that he had no place to go.

Ozsu has put its multimillion-dollar investment in limbo, setting off a landlord-tenant stalemate that is the stuff of legend in New York City real estate. The new twist is that the renter protection could help drag out the standoff for years.

Ozsu was on a month-to-month lease that the new landlord was not obligated to renew, meaning that he might have already been evicted from the building.

Ozsu was an unemployed software engineer. Ozsu applied for the Emergency Rental Assistance Program in January to help tenants pay their rent. Tenants can't be evicted while their application is open. If Ozsu's request for aid is approved, he will be able to stay in the apartment for at least another year, since he will need to build up savings from his job.

Morrison Cohen is a law firm representing the developer of the building. He said that Ozsu is the only one who has not agreed to move.

The air filter and security camera that were installed in the hallway outside his apartment are thought to be bully tactics by Ozsu and Adam.

Ozsu said that the air filter sounded like a jet.

There wasn't active construction near the apartment during a recent visit, but the air filter is for his health and safety.

There has been no harassment and there are cameras in the building. The one near Ozsu's apartment was installed because of general security issues. Ozsu called the police after the worker became aggressive with him.

Ozsu moved into an apartment in the Eagle Court on the recommendation of a friend. He was able to get the top-floor unit with its deck that overlooks the Upper West Side. He kept up with rising rents thanks to his job as a software engineer. By October, Ozsu was out of work, had exhausted his savings, and could no longer afford his apartment rent.

The former residents said that the complex was a great place to live. The Eagle Court apartments were built in 1984 after Rockrose Development converted a row of buildings.

Studios that range from 400 to 1,000 square feet with 12-foot ceilings, duplexes and triplexes with private gardens, and dim hallways with steep stairs were some of the interesting design choices.

Many tenants lived in the building for years because of its quirks.

He said that it was like Melrose Place without the sexual scandals. Ozsu would lean over his deck and yell at his neighbors to join him for barbecues.

A former resident, speaking on the condition of anonymity because she didn't want drama with the new landlord, said she left several months before the end of her lease because the building was quickly emptying.

Some tenants took settlements to end their leases early and signed nondisclosure agreements with the developer, according to another resident. The developer could not discuss confidential settlement discussions.

Plans for the new condo project have not been filed by the Naftali Group. George M. Janes, a New York urban planner, said that the site could support a roughly 210-foot tower, not including potential height bonuses that the developer might get for including affordable units or making subway improvements.

A 13-story tower with commercial space and 11 condo units is being built on the corner of East 86th Street and Madison Avenue. According to public records, the prices range from $8.5 million to $40 million.

Janes said that the most likely scenario is the demolition of the 128-unit rental building to make way for a condo tower with a similar number of units. The developer is still looking at options for the site.

Ozsu could benefit from the surging condo market. Manhattan had the most apartment sales in 33 years, with nearly twice as many new development sales as in the same period last year, according to a recent report by the Douglas Elliman.

Similar conditions have led to settlements for holdout tenants. In 2005, Herbert Sukenik, a long time resident of the Mayflower Hotel, negotiated a $17 million buyout and a nearby two-bedroom apartment overlooking the park for $1 a month. The lawyer who specialized in tenant holdout cases collected one-third of the settlement.

Three cases have been settled so far this year, which is a quick pace, and the Pandemic has not stopped developers from proceeding with ambitious projects.

Steven Kirkpatrick, a partner at Romer Debbas who represents property owners but is not involved in the West 84th Street case, said that developers sometimes agree to large tenant payouts because they can be less costly than postponing construction.

He said that Ozsu could stay in the apartment for one or two years if court motions and procedures were not lengthy.

Ozsu was simply biding his time, according to a lawyer for the developer. In an affidavit filed in housing court in April, a member of the property owner's legal team said they heard Ozsu's lawyer bet that he could keep his client in the apartment for five years. Bailey said that the testimony is a lie and that he doesn't gamble.

He is holding out for a million dollars and has made it clear to his counsel.

Ozsu claims he is exercising his right to stay in the apartment. The owner's legal team said it would reject the payment, which was made this week.

Ozsu said he was offered $30,000 to leave the building, but he turned it down. The offer was declined by the Naftali Group.

Ozsu said it was also a matter of principle.

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